Case Note & Summary
The High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, considered an appeal and two writ petitions concerning the custody of Dr. P.V. Varavara Rao, an undertrial prisoner aged 81 years, who sought release on grounds of advanced age and precarious health. The matter arose from an FIR registered on 08/01/2018 at Vishrambaug Police Station, Pune City under Sections 153A, 505(1)(b), 117 and 34 of the Indian Penal Code, related to speeches and songs at an Elgaar Parishad meeting. Subsequently, Sections 120-B IPC and multiple sections of the Unlawful Activities (Prevention) Act, 1967 were added against the accused, including the undertrial, who was alleged to be a senior member of the banned Communist Party of India (Maoist) and involved in arranging funding and arms to wage war against the State. The undertrial was arrested on 28/08/2018 from Hyderabad but kept under house arrest following Supreme Court directions in Romila Thapar & Ors. v. Union of India. He was later taken into police custody and a supplementary charge-sheet was filed on 21/02/2019. His bail application filed in December 2018 was rejected by the Sessions Court, Pune on 06/11/2019, with a finding that accusations were prima facie true. Another bail application filed before the High Court on 21/12/2019 remained pending. On 24/01/2020, the NIA took over the case, which was renumbered as NIA Special Case No.414 of 2020, and the undertrial was sent to Taloja Central Prison on 29/02/2020. During the Covid-19 pandemic, the High Power Committee of Maharashtra issued guidelines for interim bail; the undertrial's first application was rejected on 30/03/2020 because UAPA prisoners were excluded. Revised guidelines on 11/05/2020 permitted prisoners above 60 years to apply for interim bail, leading to a second application on 15/05/2020, detailing multiple ailments including piles, prostate enlargement, coronary artery disease, oedema, hypertension, sinusitis, migraine and vertigo. The undertrial was admitted to J.J. Hospital, Mumbai due to deteriorating health and discharged on 01/06/2020, with medical reports showing dyselectrolytemia, hypokalemia and hyponatremia, though the hospital declared him stable. The NIA Court dismissed his bail application on 26/06/2020, leading to the present appeal under Section 21(4) of the NIA Act. The wife's writ petition sought declaration of violation of Article 21 and directions for release and medical board, while the undertrial's own writ petition sought production of medical reports and treatment. The court admitted the appeal and granted Rule in the writ petitions, but the text provided ends at paragraph 17 and does not include the final analysis or decision.
Headnote
A) Criminal Procedure - Bail - Section 21(4) of the National Investigation Agency Act, 2008 - Appeal against rejection of bail by Special Court on ground of old age and medical conditions - The undertrial challenged order dated 26/06/2020 passed by the Court of Special Judge for Greater Mumbai in NIA Special Case No.414 of 2020 dismissing his bail application; the appeal and writ petitions were admitted and heard together (Paras 1-5). B) Constitutional Law - Right to Health and Life - Article 21 of the Constitution of India - Writ petition by wife sought declaration that respondents failed to provide appropriate medical treatment, violating fundamental right to health, dignity and life, and sought release, shifting to Nanavati Hospital, and appointment of a Medical Board (Para 3). C) Criminal Law - Interim Bail during Covid-19 - High Power Committee Guidelines and Unlawful Activities (Prevention) Act, 1967 - The undertrial, over 60 years, was initially denied interim bail on 30/03/2020 because prisoners accused under UAPA were not entitled; subsequent guidelines permitted individual consideration of prisoners above 60 years after examining medical reports, leading to a second interim bail application (Paras 12-13).
Issue of Consideration
Whether the undertrial is entitled to release from custody on grounds of advanced age and precarious health condition; whether respondents failed to provide appropriate medical treatment violating Article 21; and whether the undertrial should be shifted to a hospital and a medical board appointed
Law Points
- Right to health and life under Article 21 of the Constitution of India
- Bail under Section 21(4) of the National Investigation Agency Act
- 2008
- Unlawful Activities (Prevention) Act
- 1967
- High Power Committee Guidelines for interim bail during Covid-19
- Interim bail for prisoners above 60 years
